Laws and Regulations on Intellectual Property

1. Comprehensive Category:

Section 3, Chapter 5, "Intellectual Property Rights" of the "General Principles of Civil Law".

Criminal Law, Chapter 3, Section 7, "Crime of Intellectual Property Infringement";

Several issues concerning the specific application of laws by the Supreme Court and the Supreme People's Procuratorate in handling criminal cases of intellectual property infringement explanation.

Chapter 18 "Technical Contract" of the "Contract Law". Chapter 5 of the "Foreign Trade Law" "Protection of Intellectual Property Rights Related to Foreign Trade".

2. Trademark rights:

Trademark Law and its implementing regulations.

The Supreme Court’s interpretation on the jurisdiction and scope of application of law in the trial of trademark cases;

The Supreme Court’s interpretation on several issues concerning the application of law in the trial of trademark civil disputes.

"Regulations on the Recognition and Protection of Well-known Trademarks"; "Registration and Management Measures for Collective Trademarks and Certification Trademarks".

3. Patent rights:

"Patent Law" and its implementation rules.

Several provisions of the Supreme Court on applicable legal issues in hearing patent dispute cases;

Several provisions of the Supreme Court on applicable legal issues in stopping patent infringement before litigation.

Regulations on National Defense Patents.

4. Copyright:

Copyright Law and its Implementing Regulations.

The Supreme Court’s Interpretation on Several Issues concerning the Application of Law in the Trial of Civil Copyright Dispute Cases;

The Supreme Court’s Interpretation on Several Issues concerning the Application of Law in the Trial of Computer Network Copyright Dispute Case;

The Supreme Court’s interpretation on several issues concerning the application of law in hearing civil disputes involving computer network domain names.

Regulations on the Collective Management of Copyright;

Regulations on the Protection of Computer Software;

Regulations on the Protection of the Right to Disseminate Information Networks.

5. Trade secrets:

Anti-Unfair Competition Law.

"Several Provisions on Prohibiting the Infringement of Trade Secrets".

VI. Categories of new plant variety rights:

"Regulations on the Protection of New Plant Varieties" and its implementation details (agricultural part, forestry part).

Interpretation of the Supreme Court on Several Issues in the Trial of New Plant Variety Disputes.

7. Special signs:

"Regulations on the Management of Special Signs";

"Regulations on the Protection of Olympic Signs";

"World Regulations on the Protection of Exposition Marks.

8. Geographical indications:

Trademark Law.

"Registration and Management Measures for Collective Trademarks and Certification Trademarks".

Regulations on the Protection of Geographical Indication Products.

9. Categories of exclusive rights to integrated circuit layout designs:

"Regulations on the Protection of Integrated Circuit Layout Designs" and its implementation rules.

Notice of the High Court on conducting trials of cases involving integrated circuit layout designs.

Regulations on the Protection of Layout Designs of Integrated Circuits.

10. Other categories:

"Regulations on the Customs Protection of Intellectual Property Rights";

"On the Implementation of the Regulations on the Customs Protection of Intellectual Property Rights of the People's Republic of China" way".

"Measures for the Protection of Intellectual Property Rights at Exhibitions".

Extended information:

Main types of intellectual property rights:

1. Trademark rights

refers to the trademark rights granted by the trademark authority to the trademark owner in accordance with the law. The exclusive rights to its registered trademarks are protected by national laws. A trademark is a commercial sign used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, or a combination of the above elements.

2. Patent rights and patent protection

It means that an invention and creation submits a patent application to the National Patent Office, and after passing the examination according to law, the patent applicant is granted a patent within a specified time. the exclusive right to the invention.

According to our country, there are three types of inventions, inventions, utility models and designs.

3. Trade name rights

The right to use a manufacturer's name is a right to use one's registered trade name (manufacturer name, company name) without interference from others.

An enterprise’s trademark right cannot be equated with an individual’s name right (a type of personality right). ?In addition, appellations of origin, proprietary technology, anti-unfair competition, etc. are also stipulated in the Paris Convention, but appellations of origin are not intellectual achievements, and proprietary technologies and unfair competition can only be protected by anti-unfair competition laws, which are generally not included in the scope of intellectual property rights. China National People's Congress Network - Copyright Law of the People's Republic of China and the People's Republic of China